Decision 1834E – Kern High Faculty Association, CTA/NEA (Maaskant)
LA-CO-1168-E
Decision Date: April 10, 2006
Decision Type: PERB Decision
Description: Charge alleged withholding of non-chargeable fees; withholding of information regarding collective bargaining; exclusion from providing input and voting on the collective bargaining agreement; and improperly categorizing non-chargeable expenditures, thereby violating the duty of fair representation.
Disposition: The Board dismissed the charge finding that it is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views.
Perc Vol: 30
Perc Index: 107
Decision Headnotes
800.01000 – In General; Prima Facie Case
For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.
800.03000 – Negotiations
It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.) Fee payer non-member who learned of ratification meeting through a friend cannot claim no notice of the meeting because he wasn’t officially notified.
806.01000 – In General
It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.) Fee payer non-member who learned of ratification meeting through a friend cannot claim no notice of the meeting because he wasn’t officially notified.